Food Standards (Application A1106 – Food derived from Herbicide-tolerant and Insect-protected Corn Line 4114) Variation

Overview

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) was enacted to provide a legislative framework for the development and administration of food standards and regulations in Australia and New Zealand. One of its primary purposes is to allow the Authority to accept applications for the development or variation of food regulatory measures, including standards, and to establish the procedure for considering such applications. In 2015, FSANZ accepted Application A1106, which sought permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114. Following the necessary consultations and assessments, the Authority prepared a draft variation to Standard 1.5.2 to include this corn line. The variation was subsequently considered by the Australia and New Zealand Ministerial Forum on Food Regulation, and in accordance with the FSANZ Act, a notice was published about the draft variation of the standard, which became a legislative instrument upon publication. The legislative instrument, however, is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003. Given the minor impact of the application on business and individuals, a Regulation Impact Statement was not required. Additionally, the instrument is exempt from the requirement for a statement of compatibility with human rights, as it is a non-disallowable instrument under section 94 of the FSANZ Act. This legislative instrument aims to facilitate the inclusion of herbicide-tolerant and insect-protected corn line 4114 in the food supply chain by updating the relevant food standards.

Scope and Application

The Food Standards Australia New Zealand Act 1991 (FSANZ Act) establishes the framework within which Food Standards Australia New Zealand (FSANZ) operates, including its role in developing and varying food standards for the Australia New Zealand Food Standards Code. FSANZ has accepted an application to permit the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114, leading to the consideration of a draft variation to Standard 1.5.2. This variation specifically seeks to insert a reference to this corn line in the Schedule to the standard, thereby allowing the sale and use of food derived from it. This legislative instrument does not incorporate any documents by reference and follows the consultation process outlined in Division 1 of Part 3 of the FSANZ Act, which included one round of public consultation. Notably, the Act exempts this instrument from the need for a statement of compatibility with human rights as it is a non-disallowable instrument under section 94 of the FSANZ Act. This legislation applies nationally, covering both Australia and New Zealand, and does not incorporate any additional exclusions or exemptions beyond those specified in the FSANZ Act itself.

Key Provisions

The main operative sections of the legislation (F2015L01918) pertain to the acceptance and consideration of an application to permit the sale and use of food derived from a specific corn line, which is herbicide-tolerant and insect-protected (section 1). This application, referred to as A1106, was assessed and processed by Food Standards Australia New Zealand (FSANZ) in accordance with the relevant provisions of the Food Standards Australia New Zealand Act 1991 (FSANZ Act). The outcome of this process is the development of a draft standard that allows for the sale and use of food derived from corn line 4114 (section 2). The consideration process included a round of public consultation, as mandated by Division 1 of Part 3 of the FSANZ Act, and a Regulation Impact Statement was deemed unnecessary given the minor impact of the application on business and individuals (section 4). The draft standard was then reviewed by the Australia and New Zealand Ministerial Forum on Food Regulation, and a notice was published under section 92 of the FSANZ Act (section 1). The final variation, which is now a legislative instrument, is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 94 of the FSANZ Act). The FSANZ Act imposes several obligations on the Authority, including the acceptance of applications for the development or variation of food regulatory measures (section 13 of the FSANZ Act). In this case, the Authority accepted Application A1106, which sought permission for the sale and use of food derived from herbicide-tolerant and insect-protected corn line 4114. The Authority was also required to conduct a round of public consultation as part of the consideration process, ensuring that stakeholders had an opportunity to provide feedback on the draft variation (section 4). Furthermore, the Authority must publish a notice about the standard or draft variation of a standard as stipulated by section 92 of the FSANZ Act. The legislation does not explicitly outline offences or penalties for breach, but it does mention the consequences of non-compliance. The Authority has the power to enforce the provisions of the FSANZ Act, including the new standard related to corn line 4114. Non-compliance with the provisions of the FSANZ Act could lead to enforcement actions, such as fines, court orders, or other legal consequences. However, the specific penalties for breach are not stated in the explanatory statement or the legislation itself. It is important to note that the variation to the food standard is a legislative instrument, which is not subject to parliamentary disallowance or sunsetting under the Legislative Instruments Act 2003 (section 94 of the FSANZ Act).